The Wilmingtonian., 1887-02-19

Indicated its weakness AID attendant dan
ger, and consequently whatever horn Of the
dilemma said company might choose it was
liable for the damages which the falling
building entailed.
Mr.. Bird fortified his every point by legal
authorities which had the old fashioned ring
of good, common sense and before the attor-
neg had gotten half through with his cita-
tions, it was whispered all through the Court
room, that there would be no non suit in this
case and the predictions were verified as
soon as the matter got into the hands Of the
Court.
The motion for non suit being denied,
@. B. Lore Esq, on Wednesday morning sd
dressed the jury in opening the case for the
defendant. The counsel contendod that evi
dence would be submitted showing that every
precauton had been made to put up safe
building and that its demolition was due to
young cyclone that had unfortunately been
cavorting around somewhat promiscuously
upon that fated day, in, around and about
the Diamond State Rolling Mill--in fine,
to the laity the said cyclone had the appear
ance of not only, having had its measure
ments taken in advance but also, that the
direction and the velocity of this young hur-
ricane was SO engineered as to relieve the
defendant company from damages incident
to the falling building.
Mr.. L ore is always entertaining when in
forensic array and he undoubtedly is able to
get all out of his witnesses that there 10 in
them--and sometimes more
For the defence the Diamond State Com.
pany had CARLOAD of its employees sum-
monsed, who testified with delectabe unanim-
tty concerning every mnuliae of that young
tornado it's bearngs-its velocity y-its magni-
tude and its general portentiousness.
One man would have been blown out OF
his bonts had not the wind cessated at that
opportune moment although said witness
unwttingly admitted that his hat-a straw
hat at that-was not blown from his head
Another witness saw boards of variable
lengths and thickness hurled through space
like unto flying machines-yet, and yet as a
matter Of fact there were half a score or more
Of men working upon roof seme thirty feet
from the ground and it is presumable, upon
a common sense theory, that some one, al
least, Of those men must have noticed the ap
preaching storm had its appearance been at
all formidable or even unusually threaten
ing.
All honest presumption must be in favor I (
those in an elevated position having advant-
ages for noting an advancing storm not pos
sessed by those upon lower plane, and
Furthermore it would more readily occur to
those at an eminence to be more watchful of
an approaching gale owing to their greater
risks than to those the ground.
Other witnesses for the defendants beheld
binding clouds CT dust tossing, whilling and
zizzaging through the air even after it had
been raining in torrents for full ten minutes.
John Davis, one Of the firm Of the defendant
company, claimed to be an expert, not only
in devising rolling mills, but also, in abou,
every other department of mechanics, admit
ted the plans Of the falling building to have
been his and boasted OF his artistic know
ledge as applied to rolling mill structures
but under the searching cross examination
of Mr.. Bird, admitted that he never before
attempted to construct building of such
inherent structural weakness as the one
which buried in its ruins q score of the
workingmen Of the Diamond State Iror
Company and it was altogether improbable
| that the experiment would again be at
tempted by him.
Mr.. Lore stated Thursday morning that
the defendants, there rested their case
whereupon Mr.. Bird commenced his argu
ment before the jury for the plaintiff
| From the conclusion of defense until 81
p. M, the time was devoted to rebuttal. TIL
plaintiff adiuced score of witnesses VIII
were on every side of the building on tina
fatal day, just prior to its fall, and they testi
fed that there was nothing in the storm il
any way differing from au ordinary summer
day shower.
AS soon as the rebutting evidence ha
been offered the augmentation Of the plain
tiff to the jury was opened by Mr.. BirG
The entire counsel on either side will b
heard in this case and at our going to pres
it is too enrly to Judge Of the conclusion {
this already remarkable trial.
What may be the issue of this case it {
course is impossible to determine, yer it
very generally conceded that the damon
State Iron Company is answerable to the la
for the structural defects in their buildin
} which did kill two human beings and sui
: jectcd, ii score or more, to imminent peril.